GRS CHE
CYPHER CAT/A
14 HONG KONG 100200Z
CONFIDENTIAL
REGIS. 10 Out
RECEIV
AKKI
211
TO ROUTINE F C O TELEGRAM NUMBER 1007 OF 10 OCTOBER,1974.
PARAGRAPH 1 OF YOUR TELNO 866 GODBER EXTRADITION.
WE DO NOT UNDERSTAND THE ALLEGATION THAT
CONFIDENTIAL
FILE IS HELD UP IN LEGAL DEPARTMENT OR THE BASIS OF PRENDERGAST'S
ENQUIRY WHETHER THE FILE CAN BE MADE AVAILABLE TO THE DEFENCE.
THE POSITION IS THAT GUNSTON'S REQUEST FOR COPIES OF CONFIDENTIAL FILE WAS ANSWERED BY COLONIAL SECRETARIAT BY
LETTER DATED 12 SEPTEMBER AS FOLLOWS - '' REFER TO YOUR REQUEST
FOR COPIES OF THE CONFIDENTIAL REPORTS ON
I AM ADVISED THAT STAFF REPORTS BELONG TO A CLASS OF DOCUMENTS
FOR WHICH CROWN PRIVILEGE MAY PROPERLY BE CLAIMED. HOWEVER CONSIDERATION WILL BE GIVEN TO WAIVING CROWN PRIVILEGE IF
PRIVILEGED DOCUMENTS CONTAIN MATERIAL RELEVANT TO THE FACTS IN
ISSUE IN A CRIMINAL TRIAL. IT WOULD BE IMPROPER FOR ME TO
DISCLOSE REPORTS COVERING
ENTIRE CAREER WITH THE
ROYAL HONG KONG POLICE FORCE UNLESS THESE DOCUMENTS CAN BE
SHOWN TO BE RELEVANT TO THE CHARGE AGAINST YOUR CLIENT."!
2. GUNSTON ACKNOWLEDGED THIS LETTER ON 14 SEPTEMBER STATING
THAT INSTRUCTIONS WERE BEING TAKEN THEREON. NOTHING FURTHER
HAS BEEN HEARD FROM GUNSTON ON THIS ISSUE. YOU MAY FEEL THAT
RUSSELLS SHOULD BE INFORMED OF THE FOREGOING AND THAT AS AT
PRESENT ADVISED OUR ATTITUDE IS UNCHANGED. RUSSELLS MAY FEEL
THAT GODBER'S LONDON SOLICITORS SHOULD ALSO BE ADVISED OF
OUR POSITION, WE THINK IT IS FOR THE PARTY SEEKING PRODUCTION
OF DOCUMENTS TO ESTABLISH RELEVANCY AND WOULD BE HAPPY TO. PUT
FILE BEFORE THE MAGISTRATE FOR THAT ISSUE TO BE
DETERMINED. WE WOULD PROBABLY ALSO WANT THE ISSUE OF PRIVILEGE FULLY ARGUED ON OUR BEHALF BUT THE COLONIAL SECRETARY HAS NOT
YET DEEN ASKED WHETHER PRIVILEGE SHOULD BE CLAIMED.
MACLEHOSE
FILES
NKIOD (4)
N & T D
LEGAL ADVISERS
NEWS D
SIR D WATSON MR WILFORD HR SCOTT